Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON FINANCE
Date:04/27/2005
ATTENDANCE
Time:01:15 PM to 05:22 PM
Benefield
X
Cloer
X
Place:HCR 0107
Crane
X
Frangas
*
This Meeting was called to order by
Garcia
X
Representative Vigil
Jahn
X
Marshall
X
This Report was prepared by
Massey
X
Ron Kirk
May M.
X
McCluskey
X
Witwer
X
Judd
X
Vigil
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB05-099
HB05-1330
HB05-1161
SB05-082
SB05-139
SB05-006
SB05-030
SB05-097
SB05-205
SB05-190
HB05-1340
HCR05-1004
SB05-053
HJR05-1053		Referred to Committee on Appropriations
Amended, Referred to the Committee of the Whole
Amended, Referred to Committee on Appropriations
Referred to Committee on Appropriations
Referred to Committee on Appropriations
Laid Over
Referred to Committee on Appropriations
Amended, Referred to Committee on Appropriations
Referred to Committee on Appropriations
Referred to Committee on Appropriations
Referred to the Committee of the Whole
Tabled - Deemed Postponed Indefinitely
Referred to Committee on Appropriations
Postponed Indefinitely


01:15 PM -- Senate Bill 05-099 - Concerning An Exemption From Sales and Use Tax on Machines Used in the Telecommunications Industry

Representative Buescher, prime sponsor, explained the provisions of the bill and distributed a handout entitled Telecommunications Tax Reform (Attachment A) to committee members.









The following persons testified:

01:19 PM -- Ms. Stacey Sprinkle, Verizon Wireless, testified in support of the legislation and commented on the problems the telecommunications industry deals with regarding Colorado's tax structure. Ms. Sprinkle commented on her concern about the cost of the legislation enumerated in the bill's fiscal note and discussed some of the secondary benefits that may be derived from the legislation that is not captured in the fiscal note.

01:26 PM -- Mr. Bob Barton, Qwest, testified in support of the legislation and commented on the taxes that the telecommunications industry pays to the state. Mr. Barton closed by discussing the jobs that the industry brings to Colorado.

01:29 PM -- Mr. David Berger, MCI Communications, testified in support of the legislation and commented on the taxes the telecommunications industry pays on its investment in the state. Mr. Berger said the taxes that the industry pays can be better spent on investment.

01:31 PM -- Mr. Russell Sarazon, T-Mobile USA, testified in support of the legislation and commented that Colorado is a strategic state for T-Mobile and the passage of this legislation is important for investment in the industry.

Representative Vigil discussed the relationship between the savings the industry would reap from the sales and use tax exemption and the profits the industry would derive from investment.
BILL:SB05-099
TIME: 01:39:01 PM
MOVED:Crane
MOTION:Refer SB 05-099 to the Committee on Appropriations. The motion passed on a 7-4-2 vote.
SECONDED:Massey
VOTE
Benefield
No
Cloer
Excused
Crane
Yes
Frangas
Excused
Garcia
No
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Yes
McCluskey
Yes
Witwer
Yes
Judd
No
Vigil
No
Final YES: 7 NO: 4 EXC: 2 ABS: 0 FINAL ACTION: PASS







01:41 PM -- House Bill 05-1330 - Concerning State Building Lease and Purchase Agreements

Representative Buescher, prime sponsor, explained the provisions of the bill and distributed amendment L.001 (Attachment B) to committee members. He explained the amendment makes a technical change to conform to TABOR. After a brief committee discussion, the bill was placed on the table for action.
BILL:HB05-1330
TIME: 01:47:11 PM
MOVED:Vigil
MOTION:Moved amendment L.001 (technical change to conform to TABOR). The motion passed without objection by those members present.
SECONDED:Benefield
VOTE
Benefield
Cloer
Crane
Frangas
Excused
Garcia
Jahn
Marshall
Massey
May M.
McCluskey
Witwer
Judd
Vigil
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection





















BILL:HB05-1330
TIME: 01:48:07 PM
MOVED:Jahn
MOTION:Refer HB 05-1330, as amended, to the Committee of the Whole. The motion passed on a 9-2-2 vote.
SECONDED:Marshall
VOTE
Benefield
Yes
Cloer
No
Crane
Yes
Frangas
Excused
Garcia
Yes
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
No
McCluskey
Yes
Witwer
Yes
Judd
Excused
Vigil
Yes
Final YES: 9 NO: 2 EXC: 2 ABS: 0 FINAL ACTION: PASS


01:50 PM -- House Bill 05-1161 - Concerning Child Immunization Information

Representative Pommer, prime sponsor, explained the provisions of the bill and distributed a summary fact-sheet on the legislation (Attachment C).

The following persons testified:

01:56 PM -- Dr. James Todd, Children's Hospital, commented on the benefits of the bill and testified in support of the legislation. Dr. Todd distributed a handout on Vaccine-preventable diseases in Colorado's Children, 2004 (Attachment D) to committee members.

01:58 PM -- Ms. Elaine Lowery, Colorado Immunization Information System, testified in support of the legislation.

02:03 PM -- Ms. Marti Sharp, Colorado Children's Immunization Coalition, testified in support of the legislation.












Representative Pommer distributed amendment L.004 (Attachment E) and a Legislative Council Staff memorandum (Attachment F) on the fiscal impact of the amendment. He explained the amendment appropriates $350,000 in FY 2005-06 to the Department of Public Health and Environment. It also specifies that these funds will be derived from the savings generated from HB 05-1243 and HB 05-1131. The bill was placed on the table for action.
BILL:HB05-1161
TIME: 02:06:19 PM
MOVED:Judd
MOTION:Moved amendment L.004 (the amendment appropriates $350,000 in FY 2005-06 to the Department of Public Health and Environment. It also specifies that these funds will be derived from the savings generated from HB 05-1243 and HB 05-1131). The motion passed on a 10-2-1 vote.
SECONDED:Marshall
VOTE
Benefield
Yes
Cloer
No
Crane
No
Frangas
Excused
Garcia
Yes
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Yes
McCluskey
Yes
Witwer
Yes
Judd
Yes
Vigil
Yes
Not Final YES: 10 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS
BILL:HB05-1161
TIME: 02:09:00 PM
MOVED:Marshall
MOTION:Refer HB 05-1161 as amended, to the Committee on Appropriations. The motion passed on a 10-2-1 vote.
SECONDED:Jahn
VOTE
Benefield
Yes
Cloer
No
Crane
No
Frangas
Excused
Garcia
Yes
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Yes
McCluskey
Yes
Witwer
Yes
Judd
Yes
Vigil
Yes
Final YES: 10 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS


02:11 PM -- Senate Bill 05-082 - Concerning the "Kids First" Special License Plate

Representative Pommer, prime sponsor, explained Senate Bill 05-082 establishes a new "Kids First" special license plate when at least 3,000 people commit to purchase the plate.

The following person testified.

02:13 PM -- Ms. Ashley Grainger, representing self, testified in support of the legislation.



















BILL:SB05-082
TIME: 02:18:27 PM
MOVED:Cloer
MOTION:Refer SB 05-082 to the Committee on Appropriations. The motion passed on a 12-0-1 vote.
SECONDED:Massey
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
Excused
Garcia
Yes
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Yes
McCluskey
Yes
Witwer
Yes
Judd
Yes
Vigil
Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


02:20 PM -- Senate Bill 05-139 - Concerning On-Line Education Programs

Representative Merrifield, prime sponsor, explained the provisions of the bill and commented on some of the contractual obligations in Senate bill 05-139.

 The following persons testified:

02:30 PM -- Ms. Judith Stokes, Blanson School District, testified in opposition toward the bill.

02:35 PM -- Mr. Tim Snyder, Colorado Association of School Executives and Colorado On-Line Learning Program, testified in support of the legislation. Mr. Snyder commented on the advantages of On-Line learning programs and urged the committee to support the legislation.

02:44 PM -- Mr. Tony Salazar, Colorado Education Association, testified in support of the bill and commented that this bill is good for the children. Senate Bill 05-139 will benefit districts by keeping children in school districts and enable these students to take courses that will prepare children for college.









BILL:SB05-139
TIME: 02:46:11 PM
MOVED:Marshall
MOTION:Refer SB 05-139 to the Committee on Appropriations. The motion passed on a 10-1-2 vote.
SECONDED:Cloer
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
Excused
Garcia
No
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Excused
McCluskey
Yes
Witwer
Yes
Judd
Yes
Vigil
Yes
Final YES: 10 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS


02:49 PM -- Senate Bill 05-006 - Concerning the Collection of Taxpayer Debt

Representative Schultheis, prime sponsor, explained the provisions of the bill and distributed a handout on professional licenses granted by the Department of Regulatory Agencies (DORA) (Attachment G) and a fact sheet on Senate Bill 05-006 (Attachment H).

The following persons testified:

03:03 PM -- Mr. Don Mielke, Colorado Chiropractic Council, testified in opposition toward the bill. Mr. Mielke commented that this bill allows an agency to take away a professional license without judicial intervention (final agency determination).

03:16 PM -- Mr. John Hershey, Office of Legislative Legal Services, clarified provisions in the bill regarding the role of the agency to decide on whether a debt is owed to the state.

03:22 PM -- Mr. Greg Mechen, State of Colorado, Department of Personnel and Administration, Office of Central Collection Services, testified in support of the bill and commented that it would work as yet another tool for the state to collect taxpayer debt.










03:50 PM -- Mr. Geoff Hier, Department of Regulatory Agencies (DORA), testified in support of the legislation and commented on DORA's role in the regulatory process under the bill.

In order to address the due process issues discussed by the committee and allow time for drafting additional amendments, Representative Vigil, Chairman, pulled the bill off the table.


03:55 PM

Recess.


03:57 PM -- Senate Bill 05-030 - Concerning the "Family-Friendly Courts Act"

Representative Hefley, prime sponsor, explained the provisions of the bill. She commented that under current law, the state court administrator selects certain judicial districts, subject to available appropriations, to provide family-friendly court services. Representative Hefley mentioned that this bill expands the criteria used by the state court administrator to determine which judicial districts may receive grant moneys to provide program services. After a brief committee discussion, the bill was placed on the table for action.
BILL:SB05-030
TIME: 04:13:02 PM
MOVED:Cloer
MOTION:Refer SB 05-030 to the Committee on Appropriations. The motion passed on a 12-0-1 vote.
SECONDED:Jahn
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
Yes
Garcia
Excused
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Yes
McCluskey
Yes
Witwer
Yes
Judd
Yes
Vigil
Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS









04:15 PM -- Senate Bill 05-097 - Concerning the Adjudication of Toll Evasion Cases

Representative Sullivan, prime sponsor, explained that Senate Bill 05-097 authorizes public highway authorities (E-470 and the Northwest Parkway) to create a toll enforcement administrative process in which no municipal or county court will have jurisdiction to hear a toll evasion case. Representative Sullivan commented that the public highway authority is authorized to enter into contracts with other governments for joint adjudication of toll evasion cases.

The following persons testified: .

04:16 PM -- Mr. Jerry Marroney, State Court Administrator, testified in support of the bill and discussed the provisions in the bill.

04:20 PM -- Mr. Dave Kristick, E-470 Public Highway Authority, testified in support of the bill.

Representative Sullivan distributed amendment L.009 (Attachment I) and commented that the amendment makes a technical change. The bill was placed on the table for action.
BILL:SB05-097
TIME: 04:22:24 PM
MOVED:Cloer
MOTION:Moved amendment L.009 (technical amendment). The motion passed without objection by those members present.
SECONDED:Frangas
VOTE
Benefield
Cloer
Crane
Frangas
Garcia
Jahn
Marshall
Massey
May M.
McCluskey
Witwer
Judd
Vigil
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection









BILL:SB05-097
TIME: 04:23:14 PM
MOVED:Massey
MOTION:Refer SB 05-097, as amended, to the Committee on Appropriations. The motion passed on a 12-0-1 vote.
SECONDED:Cloer
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
Yes
Garcia
Yes
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Yes
McCluskey
Excused
Witwer
Yes
Judd
Yes
Vigil
Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


04:24 PM -- Senate Bill 05-205 - Concerning the Colorado Charitable Solicitations Act

Representative Sullivan, prime sponsor, explained the provisions of the bill and commented that Senate Bill 05-205 amends the Colorado Charitable Solicitations Act.

The following person testified:

04:25 PM -- Mr. Chris Cash, Secretary of State's Office, testified in support of the legislation.


















BILL:SB05-205
TIME: 04:30:46 PM
MOVED:Cloer
MOTION:Refer SB 05-205 to the Committee on Appropriations. The motion passed on a 11-0-2 vote.
SECONDED:Jahn
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
Yes
Garcia
Yes
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Yes
McCluskey
Excused
Witwer
Excused
Judd
Yes
Vigil
Yes
Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS


04:32 PM -- Senate Bill 05-190 - Concerning An Abandoned Mine Reclamation Fund

Representative McFadyen, prime sponsor, explained the provisions of the bill and commented that it creates an abandoned mine reclamation fund, consisting of an annual $500,000 transfer from the operational account of the severance tax trust fund. The legislation authorizes expenditures from the fund for projects located at mining operations that have been abandoned and there is a high risk to the environment or public safety.

The following persons testified:

04:36 PM -- Mr. Ron Cattany, Colorado Department of Natural Resources (DNR), testified in support of the legislation and provided the committee background information on the need for the fund. Mr. Cattany distributed a letter from the Associated Governments of Northwest Colorado (Attachment J) in support of the legislation. Mr. Cattany also distributed a packet of materials (Attachment K) on the Colorado Abandoned Mine Reclamation Fund from the Division of Minerals and Geology (DNR) and closed by saying the balance in the severance tax fund for next year would be $13 million if Senate Bill 05-190 passes.

04:41 PM -- Mr. Tom Hendricks, hard rock gold miner, testified in support of the legislation and commented on the use of moneys in the bill for the program.









04:44 PM -- Ms. Dianna Orf, Colorado Mining Association, testified in support of the legislation.
BILL:SB05-190
TIME: 04:45:33 PM
MOVED:Frangas
MOTION:Refer SB 05-190 to the Committee on Appropriations. The motion passed on a 12-0-1 vote.
SECONDED:Massey
VOTE
Benefield
Yes
Cloer
Excused
Crane
Yes
Frangas
Yes
Garcia
Yes
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Yes
McCluskey
Yes
Witwer
Yes
Judd
Yes
Vigil
Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


04:47 PM -- House Bill 05-1340 - Concerning the Colorado State Capitol Building Renovation Fund

Representative Weissman, prime sponsor, explained House Bill 05-1340 requires that the moneys in the Colorado State Capitol Building Renovation Fund be continuously appropriated to the Department of Personnel for expenditures recommended by the State Capitol Building Advisory Committee and approved by the Capital Development and Joint Budget Committees of the General Assembly.

The following person testified:

04:52 PM -- Ms. Georgianna Contiguglia, Capital Building Advisory Committee, testified in support of the legislation.

















BILL:HB05-1340
TIME: 04:54:03 PM
MOVED:Jahn
MOTION:Refer HB 05-1340 to the Committee of the Whole. The motion passed on a 12-0-1 vote.
SECONDED:Frangas
VOTE
Benefield
Yes
Cloer
Excused
Crane
Yes
Frangas
Yes
Garcia
Yes
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Yes
McCluskey
Yes
Witwer
Yes
Judd
Yes
Vigil
Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


04:57 PM -- House Concurrent Resolution 05-1004 - Concerning the Colorado Reserve Fund

Representative May, prime sponsor, explained the provisions of the resolution and distributed amendment L.001 (Attachment L), a summary of talking points on the resolution (Attachment M), and a Legislative Council Staff General Fund Overview table (Attachment N) to committee members. The committee discussed each of the handouts and Mr. Ben Stein, Deputy State Treasurer, was asked to provide testimony on the resolution.

The following person testified:

04:58 PM -- Mr. Ben Stein, Deputy State Treasurer, testified in support of the legislation and explained that the resolution creates a Colorado Reserve Fund that would act as a rainy day fund for the state. Mr. Stein commented that the fund would be funded with future tobacco settlement moneys (estimated at $970 million). The General Assembly would be allowed to transfer moneys from the Colorado Reserve Fund to the General Fund for the purpose of increasing the TABOR revenue limit and increasing General Fund spending up to the 6 percent appropriations limit in FY 2005-06 and FY 2006-07.










BILL:HCR 05-1004
TIME: 05:06:41 PM
MOVED:May M.
MOTION:Moved amendment L.001 (technical amendment). The motion passed without objection by those members present.
SECONDED:Frangas
VOTE
Benefield
Cloer
Crane
Frangas
Garcia
Jahn
Marshall
Massey
May M.
McCluskey
Witwer
Judd
Vigil
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HCR 05-1004
TIME: 05:07:37 PM
MOVED:May M.
MOTION:Refer HCR 05-1004 to the Committee on Appropriations. The motion failed on a 9-4-0 vote.
SECONDED:Crane
VOTE
Benefield
No
Cloer
No
Crane
Yes
Frangas
No
Garcia
No
Jahn
No
Marshall
No
Massey
Yes
May M.
Yes
McCluskey
Yes
Witwer
No
Judd
No
Vigil
No
Not Final YES: 4 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL




BILL:HCR 05-1004
TIME: 05:12:10 PM
MOVED:Cloer
MOTION:Moved to lay over HCR 05-1004 to May 12, 2005. The motion passed on a 9-4-0 vote.
SECONDED:Frangas
VOTE
Benefield
Yes
Cloer
Yes
Crane
No
Frangas
Yes
Garcia
Yes
Jahn
Yes
Marshall
Yes
Massey
No
May M.
No
McCluskey
No
Witwer
Yes
Judd
Yes
Vigil
Yes
Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


05:13 PM -- Senate Bill 05-053 - Concerning the Colorado National Guard Tuition Assistance Program

Representative Coleman, prime sponsor, explained that the reengrossed bill repeals the requirement that a member serve one year in the guard for every semester of tuition for which the program pays, and specifies instead that the member must serve in the guard during the time that he or she is receiving tuition and fee assistance. If, during an academic term while receiving tuition and fee assistance, a member leaves the guard in violation of his or her agreement with the guard, the bill requires the member to repay the department for that assistance.

After a brief committee discussion, the bill was placed on the table for action.

















BILL:SB05-053
TIME: 05:17:04 PM
MOVED:Marshall
MOTION:Refer SB 05-053 to the Committee on Appropriations. The motion passed on a 13-0-0 vote.
SECONDED:Jahn
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
Yes
Garcia
Yes
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Yes
McCluskey
Yes
Witwer
Yes
Judd
Yes
Vigil
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


05:20 PM -- House Joint Resolution 05-1053 - Concerning the Creation of an Interim Committee to Study Taxes on Telecommunications Services

Representative Garcia, prime sponsor, asked the committee to postpone House Joint Resolution 05-1053 indefinitely, given that it did not receive prioritization by Legislative Council. The resolution was placed on the table for action.





















BILL:HJR 05-1053
TIME: 05:20:22 PM
MOVED:Garcia
MOTION:Moved to postpone HJR 05-1053 indefinitely. The motion passed on a 13-0-0 vote.
SECONDED:Cloer
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
Yes
Garcia
Yes
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Yes
McCluskey
Yes
Witwer
Yes
Judd
Yes
Vigil
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


05:22 PM

Adjourn.